LICENSING ACT 2003
MANDATORY CONDITIONS
19 Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence -
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
The following conditions came into force on 28th May 2014
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1-
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
(b) “permitted price” is the price found by applying the formula-
P = D + (D×V)
where-
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were
charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence-
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994
Mandatory Licensing Conditions from 1st October 2014
1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3.-(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-
(a) a holographic mark, or
(b) an ultraviolet feature.
4. The responsible person must ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is
available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
Annex 2 - Conditions consistent with the Operating Schedule
General - all four licensing objectives
No sales to underage persons
No drunk/disorder
Prevention of drugs
No anti social behaviour - zero tolerance
No harm to children
Public Safety
CCTV Operating
The Prevention of Crime and Disorder
Doorstaff
All functions booked for Thursday, Friday & Saturday’s a minimum of 2 door staff are to be employed and present from when the function begins till all customers have left the premises.
At all other times the premises will carry out a risk assessment to decide whether door staff are required. A written record will be made of this decision making process and kept at the premises. This record will be made available for inspection by any responsible authority.
On the occasions when door staff are required:
SIA registered doorstaff must be used. Doorstaff will stay on the premises till all customers have left the premises.
All door supervisors will wear high visibility/reflective jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and council licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘full SIA badge number’, ‘signature of person working’. Upon request this record must be given to any responsible authority.
On Thursday, Friday & Saturday from 2100hrs only plastic/polycarbonate glass wear will be used. No glasses or glass bottles will be provided to customers. This will also apply when functions are booked for all events.
At all other times the premises will carry out a risk assessment as to whether plastic/polycarbonates should be used. A written record will be made of this process and the decision made and kept at the premises. This will be made available for any responsible authority for inspection upon request.
When U18 or mixed aged events are held a personal licence holder will be present at the premises from when it commences till all customers have left the venue.
No U18’s will be allowed in the premises after 2000hrs on Thursday, Friday & Saturday, when the premises are only open to the general public.
Prevention of Crime & Disorder
CCTV
A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 28 days.
The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
A member of staff who is trained to operate the system and supply footage must be available to produce this footage on the request of the Police or other responsible body.
The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.
Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights act.
Staff Training
The PLH or DPS will ensure all staff employed at the venue are aware of the law and their responsibilities under the licensing act. All new staff must receive this training within 3 months of employment. Refresher training must be given every 12 months.
The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
SIA Doorstaff
The premises will risk assess the need for SIA doorstaff to be present at the premises when functions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why doorstaff were either needed or not.
This will be available for inspection on the request of the Police or other responsible authority.
When required SIA registered doorstaff must be used. Doorstaff will stay on duty till the premises are closed.
All door supervisors to wear hi-visibility jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘SIA badge number’, ‘signature’. Upon request this record must be given to Greater Manchester Police and/or and authorised officer of the Council.
The premises will risk assess whether plastic/polycarbonate glasses should be used when functions are being held. A written record of this will be held at the premises detailing the time and date of the function and the reason as to why plastic/polycarbonate glasses were either used or not.
This will be available for inspection on the request of the Police or other responsible authority.
Public Safety
CCTV Infar Red
Trained Staff
ID Checking
Keeping logs of inspection
All signs up and all maintenance kept in good order
The Prevention of Public Nuisance
The licensed premises may be open to public between the hours of:
Monday - Wednesday - 1100hrs to midnight
Thursday, Friday & Saturday - 1100hrs to 0030hrs
Sunday & Bank Holidays - 1100hrs to 2330hrs
All external doors and windows shall be kept closed when entertainment is being provided, other than for access and egress and in the event of an emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority.
The license holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly.
No music or speech shall be relayed via external speakers other than for events with prior approval of the licensing authority.
The Protection of Children from Harm
The premises will hold mixed aged events (ie engagement/wedding/birthday parties)
When these are held U18’s will be allowed access to the premises till the premises close.
When these are held on Thursday, Friday & Saturday’s a minimum of 2 door staff are to be employed and present from when the event begins till all customers have left the premises.
All door supervisors will wear high visibility/reflective jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and council licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘full SIA badge number’, ‘signature of person working’. Upon request this record must be given to any responsible authority.
A risk assessment will be carried out as to whether door staff will be required for events falling on Sunday, Monday Tuesday and Wednesday. If door staff are required then a minimum of 2 door staff will be employed. A written record will be made of this decision making process and kept at the premises. This will be made available for any responsible authority for inspection upon request.
No U18’s will be allowed to leave the premises unaccompanied.
U18’s Events
The premises will close at 2200hrs and everybody will be off the premises by 2230hrs.
No alcohol will be on display or sold at the premises.
At all U18 events there will be a minimum of 2 SIA door staff employed at the premises, they will be there from when the events begins till all customers have left the premises.
All door supervisors will wear high visibility/reflective jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and council licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘full SIA badge number’, ‘signature of person working’. Upon request this record must be given to any responsible authority.
Additional Conditions for 13-17 year old events
The venue will prepare a full risk assessment for all of these events
All persons attending will be subject of a search on entry, by a suitable qualified person.
The premises will give the Police or Council 28 days’ notice of any U18 events.
Youth services will be liaised with prior to the event and be in attendance at all events.
The venue will have a policy regarding the safe dispersal of children when leaving the premises. This will be a written document and made available to any responsible authority.
At all U18 events there will be a minimum of 2 SIA door staff employed at the premises, they will be there from when the events begins till all customers have left the premises.
All door supervisors will wear high visibility/reflective jackets and display their SIA badge in an arm band. This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and council licensing officers.
A written record of the door supervisors working on any evening must be kept. The minimum amount of information that must be recorded is ‘date’, ‘full name’, ‘time shift started’, ‘time shift finished’, ‘full SIA badge number’, ‘signature of person working’. Upon request this record must be given to any responsible authority.
Annex 4 - Plans
Plan approved on 06/02/17. A copy of the approved plan is held at the Offices of the Licensing Section.